David J. Tucker v. United States

ORDER

PER CURIAM.

On consideration of petitioner’s petition for rehearing en banc and of petitioner’s motion for appointment of counsel, and it appearing that a majority of the judges of this circuit are not in favor of granting petitioner’s aforesaid petition and motion, it is

ORDERED by the court that petitioner’s petition for rehearing en banc and petitioner’s motion for appointment of counsel are denied.

BAZELON, Chief Judge, and FAHY and WRIGHT, Circuit Judges, would grant petitioner’s petition and motion.